UNLAWFUL INTERFERENCE WITH AIRCRAFT

SB0256

SENATE BILL 256

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Jay C. Block

AN ACT

RELATING TO AIRCRAFT; CREATING A FOURTH DEGREE FELONY FOR THE
UNLAWFUL INTERFERENCE WITH THE FLIGHT AND OPERATION OF AN
AIRCRAFT; ESTABLISHING A FINE FOR THE FOURTH DEGREE UNLAWFUL
INTERFERENCE WITH THE FLIGHT AND OPERATION OF AN AIRCRAFT;
INCLUDING DIRECTING A LASER AT AN AIRCRAFT AS UNLAWFUL
INTERFERENCE; REPEALING SECTION 64-1-23 NMSA 1978 (BEING LAWS
1965, CHAPTER 34, SECTION 3).

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 64-1-22 NMSA 1978 (being Laws 1965,
Chapter 34, Section 2) is amended to read:

"64-1-22. UNLAWFUL INTERFERENCE WITH THE FLIGHT
AND
OPERATION
OF
AN
AIRCRAFT--
PENALTIES
.--[
Any
]

A. Unlawful interference with the flight and
operation of an aircraft consists of a
person discharging a
firearm or setting in flight any missile, projectile,
laser
or
object intended to strike,
interfere with
or collide with any
flying aircraft [
shall be guilty of
]
or aviation support
system. Whoever commits
unlawful interference with the flight

and operation
of an aircraft
is guilty of a fourth degree
felony and shall be sentenced pursuant to the provisions of
Section 31-18-15 NMSA 1978.

B. As used in this section, "laser" means a device
designed or used to amplify electromagnetic radiation by
stimulated emission that emits a beam designed to be used by
the operator as a pointer or highlighter to indicate, mark or
identify a specific position, place, item or object.
"

SECTION 2.
Section 31-18-15 NMSA 1978 (being Laws 1977,
Chapter 216, Section 4, as amended) is amended to read:

"31-18-15. SENTENCING AUTHORITY--NONCAPITAL FELONIES--BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS
DEDUCTIONS.--

A. As used in a statute that establishes a
noncapital felony, the following defined felony classifications
and associated basic sentences of imprisonment are as follows:

FELONY CLASSIFICATION

BASIC SENTENCE

first degree felony

resulting in the death

of a child

life imprisonment

first degree felony for

aggravated criminal sexual

penetration

life imprisonment

first degree felony

eighteen years imprisonment

second degree felony

resulting in the death of

a human being

eighteen years imprisonment

second degree felony for a

sexual offense against a

child

fifteen years imprisonment

second degree felony for

sexual exploitation of

children

twelve years imprisonment

second degree felony

nine years imprisonment

third degree felony resulting

in the death of a human being

six years imprisonment

third degree felony for a

sexual offense against a

child

six years imprisonment

third degree felony for sexual

exploitation of children

eleven years imprisonment

third degree felony

three years imprisonment

fourth degree felony for

sexual exploitation of

children

ten years imprisonment

fourth degree felony for

unlawful interference with

the flight and operation of

an aircraft

five years imprisonment

fourth degree felony

eighteen months imprisonment.

B. The appropriate basic sentence of imprisonment
shall be imposed upon a person convicted and sentenced pursuant
to Subsection A of this section, unless the court alters the
sentence pursuant to the provisions of the Criminal Sentencing
Act.

C. A period of parole shall be imposed only for
felony convictions wherein a person is sentenced to
imprisonment of more than one year, unless the parties to a
proceeding agree that a period of parole should be imposed. If
a period of parole is imposed, the court shall include in the
judgment and sentence of each person convicted and sentenced to
imprisonment in a corrections facility designated by the
corrections department authority for a period of parole to be
served in accordance with the provisions of Section 31-21-10
NMSA 1978. If imposed, the period of parole shall be deemed to
be part of the sentence of the convicted person in addition to
the basic sentence imposed pursuant to Subsection A of this
section together with alterations, if any, pursuant to the
provisions of the Criminal Sentencing Act.

D. When a court imposes a sentence of imprisonment
pursuant to the provisions of Section 31-18-15.1, 31-18-16 or
31-18-17 NMSA 1978 and suspends or defers the basic sentence of
imprisonment provided pursuant to the provisions of Subsection
A of this section, the period of parole shall be served in
accordance with the provisions of Section 31-21-10 NMSA 1978
for the degree of felony for the basic sentence for which the
inmate was convicted. For the purpose of designating a period
of parole, a court shall not consider that the basic sentence
of imprisonment was suspended or deferred and that the inmate
served a period of imprisonment pursuant to the provisions of
the Criminal Sentencing Act.

E. The court may, in addition to the imposition

of a basic sentence of imprisonment, impose a fine not to
exceed:

(1) for a first degree felony resulting in the
death of a child, seventeen thousand five hundred dollars
($17,500);

(2) for a first degree felony for aggravated
criminal sexual penetration, seventeen thousand five hundred
dollars ($17,500);

(3) for a first degree felony, fifteen
thousand dollars ($15,000);

(4) for a second degree felony resulting in
the death of a human being, twelve thousand five hundred
dollars ($12,500);

(5) for a second degree felony for a sexual
offense against a child, twelve thousand five hundred dollars
($12,500);

(6) for a second degree felony for sexual
exploitation of children, five thousand dollars ($5,000);

(7) for a second degree felony, ten thousand
dollars ($10,000);

(8) for a third degree felony resulting in the
death of a human being, five thousand dollars ($5,000);

(9) for a third degree felony for a sexual
offense against a child, five thousand dollars ($5,000);

(10) for a third degree felony for sexual
exploitation of children, five thousand dollars ($5,000);

(11) for a third or fourth degree felony, five
thousand dollars ($5,000); [
or
]

(12) for a fourth degree felony for sexual
exploitation of children, five thousand dollars ($5,000);
or

(13) for a fourth degree felony for unlawful
interference with the flight and operation of an aircraft, two
hundred fifty thousand dollars ($250,000)
.

F. When the court imposes a sentence of
imprisonment for a felony offense, the court shall indicate
whether or not the offense is a serious violent offense as
defined in Section 33-2-34 NMSA 1978. The court shall inform
an offender that the offender's sentence of imprisonment is
subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37
and 33-2-38 NMSA 1978. If the court fails to inform an
offender that the offender's sentence is subject to those
provisions or if the court provides the offender with erroneous
information regarding those provisions, the failure to inform
or the error shall not provide a basis for a writ of habeas
corpus.

G. No later than October 31 of each year, the New
Mexico sentencing commission shall provide a written report to
the secretary of corrections, all New Mexico criminal court
judges, the administrative office of the district attorneys and
the chief public defender. The report shall specify the
average reduction in the sentence of imprisonment for serious
violent offenses and nonviolent offenses, as defined in Section
33-2-34 NMSA 1978, due to meritorious deductions earned by
prisoners during the previous fiscal year pursuant to the
provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38
NMSA 1978. The corrections department shall allow the
commission access to documents used by the department to
determine earned meritorious deductions for prisoners."

SECTION 3.
REPEAL.--Section 64-1-23 NMSA 1978 (being Laws
1965, Chapter 34, Section 3) is repealed.

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